Professional Documents
Culture Documents
Pipeline H&S Requirement
Pipeline H&S Requirement
bveurope
On
31/10/2012
(ii)
Contents Preface iv
Introduction 1
Part I Introduction 2
Regulation 1 Citation and commencement 2
Regulation 2 Interpretation 2
Regulation 3 Meaning of “pipeline” 3
Regulation 4 Application 8
Part II General 9
Licensed copy from CIS: bveurope, Black & Veatch Ltd, 31/10/2012, Uncontrolled Copy.
Part IV Miscellaneous 30
Regulation 28 Defence 30
Regulation 29 Certificates of exemption 31
Regulation 30 Repeal of provisions of the Pipe-lines Act 1962 31
Regulation 31 Revocation and modification of instruments 31
(iii)
Preface This guide to the Pipelines Safety Regulations 1996 (SI 1996/825) is intended
to help pipeline operators and others involved with pipeline activities or who
may be affected by the Regulations to understand what the Regulations
require.
Environmental considerations
The Pipelines Safety Regulations 1996, made under the Health and Safety at
Work etc Act 1974, do not cover the environmental aspects of accidents arising
from pipelines. However the Regulations, by ensuring that a pipeline is
designed, constructed and operated safely, provide a means of securing pipeline
integrity, thereby reducing risks to the environment.
Licensed copy from CIS: bveurope, Black & Veatch Ltd, 31/10/2012, Uncontrolled Copy.
The Environment Agency (or its Scottish equivalent the Scottish Environment
Protection Agency) issues good practice guidance on how the operators’
responsibilities under duty of care can best be met. The Water Resources Act
199 1 gives the agencies powers of prosecution in the event of any spillages
resulting in the pollution of watercourses.
For offshore pipelines with a diameter greater than 800 mm and a length of
more than 40 km an environmental impact assessment will soon need to be
carried out once the Environmental Impact Directive is implemented.
The Health and Safety Commission (HSC) has issued an informal discussion
document to consider ways of ensuring that pipeline operators can comply with
their duties through the provision of design and construction information.
(iv)
Introduction 1 This booklet gives guidance on the Pipelines Safety Regulations 1996,
which came into force on 11 April 1996. For convenience, the text of each
regulation is included in italics, with the appropriate guidance immediately
below. Where regulations are self-explanatory, no comment is offered.
Offshore they complement the new regime for offshore health and safety
legislation at the heart of which lies the Offshore Installations (Safety Case)
Regulations 1992 (SI 1992/2885). Onshore they complement the regulations
dealing with extending competition to the domestic gas market including the
Gas Safety (Management) Regulations 1996 (SI 1996/551). The Pipelines
Safety Regulations cover:
1
Part I Introduction
Interpretation
(1) In these Regulations, unless the context otherwise requires -
Licensed copy from CIS: bveurope, Black & Veatch Ltd, 31/10/2012, Uncontrolled Copy.
2
9 A major accident would cover death or serious injury from a fire,
explosion or uncontrolled emission from a pipeline. This includes both events
which have escalated beyond the control of the normal operating envelope of
the pipeline and those resulting from third party interference. Whether an event
leads to serious danger to people will depend on factors specific to the incident.
Major accidents to people can be distinguished from other accidents by the
severity of the injuries, the number of casualties, or by the physical extent of
the damage in areas where people may be present. The risk strategy needs to
address fully the potential for any major accident.
“major accident hazard pipeline” has the meaning given by regulation 18(1);
Licensed copy from CIS: bveurope, Black & Veatch Ltd, 31/10/2012, Uncontrolled Copy.
(a) the person who is to have or (once fluid is conveyed) has control over the
conveyance offluid in the pipeline;
(b) until that person is known (should there be a case where at a material
time he is not yet known) the person who is to commission or (where
commissioning has started) commissions the design and construction ofthe
pipeline;
(c) when a pipeline is no longer, or is notfor the time being used, the person
last having control over the conveyance of fluid in it.
11 The operator of the pipeline is the person who has control of the pipeline
at any time during all stages of its life cycle from the design stage through to
final decommissioning.
Meaning of “pipeline”
(1) Subject to theprovisions of this regulation, in these Regulations “pipeline”
means a pipe or system of pipes (together with any apparatus and works, of a kind
described in paragraph (2), associated with it) for the conveyance of any fluid, not
being -
3
(c) a pipe (not being apparatus described in paragraph (2) (e)) which is used
in the control or monitoring of any plant.
(a) any apparatus for inducing or facilitating the flow of any fluid through, or
through a part of, the pipe or system;
(b) any apparatus for treating or cooling any fluid which is to flow through,
or through part of, the pipe or system;
(c) valves, valve chambers and similar works which are annexed to, or
Licensed copy from CIS: bveurope, Black & Veatch Ltd, 31/10/2012, Uncontrolled Copy.
(d) apparatus for supplying energy for the operation of any such apparatus or
works as are mentioned in the preceding sub-paragraphs;
(e) apparatus for the transmission of information for the operation of the pipe
orsystem;
(f) apparatus for the cathodic protection of the pipe or system; and
(g) a structure used or to be used solely for the support of a part of the pipe or
system.
15 However, new designs of ‘umbilicals’ are appearing with pipes within the
bundle which are larger in diameter and are used for the conveyance of fluids
for purposes other than control or monitoring. It is likely that future designs
may include pipes of considerable diameter or even a number of ‘large’
diameter pipelines bundled together. Even though the basic design and
structure of these new systems may be similar to umbilicals, they will be
considered to be pipelines and will be subject to the requirements of these
Regulations.
(3) For the purpose of sub-paragraph (c) ofparagraph (2) a valve, valve
chamber or similar work shall be deemed to be annexed to, or incorporated in the
course of, a pipe or system where it connects the pipe or system to plant, an offshore
installation, or a well.
4
Note: The diagrams in Figures 1 to 7 are for illustrative purposes only - they are not proper representations
of actual pipeline systems.
Licensed copy from CIS: bveurope, Black & Veatch Ltd, 31/10/2012, Uncontrolled Copy.
Licensed copy from CIS: bveurope, Black & Veatch Ltd, 31/10/2012, Uncontrolled Copy.
Licensed copy from CIS: bveurope, Black & Veatch Ltd, 31/10/2012, Uncontrolled Copy.
19 Pig traps connected to a pipeline, used for either launching or receiving
pigs or for facilitating other equipment to be run through a pipeline, are
included within the scope of the Regulations. The pig itself, or other
equipment run through a pipeline, is not considered to be part of the pipeline.
20 For pipelines connected to onshore plant, the limit of the pipeline is the
primary shut-off valve which connects the pipeline to the plant or the primary
valve(s) off the pig trap, where fitted, which connects the pipeline to the plant.
Process plant facilities and pipework beyond the primary shut-off valve are not
covered by these Regulations.
the emergency shut-down valve or primary shut-off valve(s) off the pig trap,
where fitted, which connects the pipeline to the installation.
(4) A pipeline for supplying gas to premises shall be deemed not to include
anything downstream of an emergency control.
“emergency control” means a valve for shutting off the supply of gas in an emergency,
being a valve intended for use by a consumer of gas;
“gas” has the same meaning as it has in Part I of the Gas Act 1986(a).
23 For pipelines supplying gas as defined by the Gas Act 1986 to consumers,
the limit of the pipeline in these Regulations is the emergency control.
Application
(2) These Regulations shall not apply to any pipeline or part of a pipeline
which is described in Schedule 1.
(b) SI 1995/263.
8
(3) In the case of a pipeline to which the Pressure Systems and Transportable
Gas Containers Regulations 1989(a) apply, nothing in these Regulations shall require
the taking of any measures to the extent that they are for the prevention of danger
within the meaning of those Regulations.
(a) SI 1989/2169.
pipeline hazards resulting from the stored energy of the fluid conveyed. Where
measures are taken in compliance of PSTGCR to prevent danger within the
meaning of those regulations, there will be no requirement for duplication of
these measures through the Pipelines Safety Regulations.
Part II General
Design of a pipeline
The operator shall ensure that no fluid is conveyed in a pipeline unless it has been so
designed that, so far as is reasonably practicable, it can withstand -
(c) the externalforces and the chemical processes to which it may be subjected.
28 The external forces and the chemical processes to which the pipeline will
be subjected will need to be identified and evaluated. Account should be taken
of the pipeline location and its susceptibility to damage. This may include
consideration of the physical and chemical actions of the environment in which
the pipeline is to be located and the terrain, subterrain or seabed conditions.
Account should be taken of foreseeable mechanical and thermal stresses and
strains to which the pipeline may be subjected during its operation.
9
30 Any change to the fluid conveyed will need a reassessment of the pipeline
design to ensure that the pipeline is capable of conveying the fluid safely.
31 The design and location of the pipeline should take account of the hazard
potential of the fluid being conveyed. Consideration should be given to routes
which will minimise the possibility of external damage. Extra protection may be
required to prevent damage from other conditions such as road and river
crossings, long self-supported spans and structural movements.
member state of the European Union) are likely to be acceptable provided the
proposed standard, code of practice, technical specification or procedure
provides equivalent levels of safety.
Safety systems
The operator shall ensure that no fluid is conveyed in a pipeline unless it has been
provided with such safety systems as are necessary for securing that, so far as is
reasonably practicable, persons are protectedfrom risk to their health or safety.
35 Safety systems are not meant to cover all control or measuring devices.
However, safety systems do include control or monitoring equipment, such as
flow detectors and pressure monitors, which have to function properly in order
to protect the pipeline or to secure its safe operation.
36 Safety systems also include leak detection systems where they are
provided to secure the safe operation of the pipeline. The method chosen for
leak detection should be appropriate for the fluid conveyed and operating
conditions.
10
Access for examination and maintenance
The operator shall ensure that no fluid is conveyed in a pipeline unless it has been so
designed that, so far as is reasonably practicable, it may be examined and work of
maintenance may be carried out safely.
38 The design of the pipeline should take due account of the need to
facilitate examination and maintenance. Consideration should be given at the
design stage to any requirement to provide suitable and safe access and
operation for in-service inspections, such as pigging.
Licensed copy from CIS: bveurope, Black & Veatch Ltd, 31/10/2012, Uncontrolled Copy.
Materials
The operator shall ensure that no fluid is conveyed in a pipeline unless it is composed
of materials which are suitable.
42 The purpose of this regulation is to ensure that a pipeline which has been
properly designed, is fabricated, constructed and installed in a manner to
reflect that design. During the installation, design considerations such as the
location of the pipeline, depth of cover, need for supports or anchors, and extra
protection at vulnerable locations should be adhered to.
11
Relationship with other Regulations
Onshore Regulations
Offshore Regulations
47 Offshore pipelines and pipeline works are subject to the general provisions
of the Health and Safety at Work etc Act 1974 (HSW Act) and HSW Act
Regulations, such as the Management of Health and Safety at Work
Regulations 1992 (MHSWR), which extend outside Great Britain.
48 This legislation is applied offshore by the Health and Safety at Work etc
Act 1974 (Application outside Great Britain) Order 1995. The activities
covered include: pipe-laying operations and associated work such as trenching;
the inspection, testing, maintenance, repair, alteration or renewal of pipelines;
and diving operations in connection with such works. MHSWR also extends to
the connected activities of loading, unloading, fuelling or provisioning vessels
engaged in pipeline works.
Work on a pipeline
The operator shall ensure that modifcation, maintenance or other work on a pipeline
is carried out in such a way that its soundness and fitness for the purpose for which it
has been designed will not be prejudiced.
12
Operation of a pipeline
The operator shall ensure that -
(a) no fluid is conveyed in a pipeline unless the safe operating limits of the
pipeline have been established; and
52 In order to operate the pipeline in a safe manner, the operator will need
Licensed copy from CIS: bveurope, Black & Veatch Ltd, 31/10/2012, Uncontrolled Copy.
to draw up safe operating limits, which reflect the pipeline design, its operating
history and its current and future condition, and ensure that it is operated and
controlled within these limits.
54 The regulation recognises that for the purposes of proof testing a pipeline
to ensure that it is sound and fit for purpose, it is often necessary to test the
pipeline to pressures beyond its maximum allowable operating pressure, the
safe operating limit.
the pipeline.
Onshore Regulations
13
Regulations 1996, these arrangements for incidents and emergencies may be
referred to in the gas transporter’s or network emergency co-ordinator’s safety
case.
Offshore Regulations
Maintenance
The operator shall ensure that a pipeline is maintained in an efficient state, in efficient
working order and in good repair.
61 The extent of the work done to maintain a pipeline will depend on its
material of construction, its location, the fluid conveyed and the condition
under which it is operated. For example, for low pressure gas distribution and
service pipelines onshore, the operator should monitor the pipeline to secure its
safe operation. For major accident hazard pipelines, the maintenance plan
should form part of the pipeline’s safety management system.
Decommissioning
(1) The operator shall ensure that a pipeline which has ceased to be usedfor
the conveyance of any fluid is left in a safe condition.
14
65 D e p e n d i n g o n the physical dimensions o f a n onshore pipeline a n d i t s
location, u n d e r the general provisions o f the HSW Act, it m a y b e necessary t o
consider the risk of the pipeline corroding a n d causing subsidence or acting as
a channel f o r water o r gases.
I (2) The operator of pipeline shall ensure that work done in discharge of the
duty contained in paragraph (1) is performed safely.
Damage to pipeline
I N o person shall cause such damage to a pipeline as may give rise to a danger to
persons.
68 This regulation applies to the operator of the pipeline, for example when
carrying out maintenance on the pipeline, to ensure that the pipeline does not
sustain damage through his actions which could give rise to danger to people.
Equally this regulation applies to the actions of third parties since interference
is the main cause of damage to pipelines leading to loss of containment.
For the purpose of ensuring that no damage is caused to a pipeline, the operator shall
take such steps to inform persons of its existence and whereabouts as are reasonable.
15
72 It is important that third parties are made aware of the presence of a
pipeline, and that information is available, where appropriate, regarding the
location of the pipeline. For instance, where street work is to be undertaken
information on the location of underground services including pipelines will be
required. On request, pipeline operators should be able to give approximate
locations of pipelines, usually in the form of plans.
by utilities and local authorities is set out in the National Joint Utilities Group
publication No 4 The identification of small buried mains and services April 1995.
74 The operator shall take reasonable steps to inform people of the existence
of the pipeline and its whereabouts, and for major accident hazard pipelines
there should be regular contact with owners/occupiers and tenants of the land
through which the pipeline passes. This should include supplying information
on the route of the pipeline.
Co-operation
Where there are different operators for different parts of a pipeline, each operator shall
co-operate with the other sofar as is necessary to enable the operators to comply with
the requirements ofthese Regulations.
16
Part III Major accident hazard pipelines
Dangerous fluids
(1) The provisions contained in regulations 19 to 27 shall apply in relation to
a pipeline in which a dangerous fluid is being, or is to be conveyed (in these
Regulations referred to as a “major accident hazard pipeline”).
79 This regulation defines the pipelines with the potential to cause a major
hazard accident which attract the additional duties under these Regulations:
emergency shut-down valves, notifications, the preparation of a major accident
Licensed copy from CIS: bveurope, Black & Veatch Ltd, 31/10/2012, Uncontrolled Copy.
(2) For the purpose of these Regulations a fluid is a dangerous fluid if it falls
within a description in Schedule 2.
80 Dangerous fluids which are brought within these requirements are listed
in Schedule 2. Detailed guidance about which fluids are described as
dangerous is given in the commentary on the Schedule.
shall ensure that the requirements contained in Schedule 3 are complied with in
relation to the pipeline.
“duty holder”, in relation to an offshore installation, means the person who is the duty
holder as defined by regulation 2(1) of the 1995 Regulations in relation to that
installation.
“the 1995 Regulations” means the Offshore Installations and Pipeline Works
Management and Administration) Regulations 1995(a).
(a) SI 1995/738.
82 This regulation places a duty on the duty holder in relation to the offshore
installation to provide the operator of the pipeline with such facilities as he
requires to fulfil his duties as set out in Schedule 3.
17
Notification before construction
The operator shall ensure that the construction of a major accident hazard pipeline is
not commenced unless he has notified to the Executive the particulars specified in
Schedule 4 at least 6 months, or such shorter time as the Executive may approve,
before such commencement.
84 This notification may form the first contact between the pipeline operator
and HSE; earlier contact may be helpful. This notification should be made at a
point where the design is sufficiently advanced to be able to set out, in general
terms, the particulars required in Schedule 4 but not so late that the company
has already committed itself to major expenditure. Once a pipeline has been
built, it is very difficult and extremely costly to make changes.
18
1962, which may be viewed as relatively small projects where construction may
be required to start over a shorter scale than six months.
Health and Safety Executive (CHID) Health and Safety Executive (CHID)
Lord Cullen House 122A Thorpe Road
Licensed copy from CIS: bveurope, Black & Veatch Ltd, 31/10/2012, Uncontrolled Copy.
92 This notification does not form part of the role HSE undertakes as a
consultee on the route of the pipeline for planning purposes. However, since
HSE is consulted on, and assesses the route of, major accident hazard
pipelines, both onshore and offshore, in practice the information required in
the notification under this regulation will also be required for HSE to assess the
route as a consultee.
Onshore pipelines
94 Through the licence condition of a public gas transporter under the Gas
Act 1995, the route of high pressure gas pipelines need to be notified to HSE.
In cases where the route does not comply with specific guidelines, HSE should
be consulted on the proposed route.
Offshore pipelines
19
97 A notification period of 14 days is required; though in exceptional
circumstances a shorter notification period may be permissible if agreed by
HSE.
(2) Subject to paragraph (3), in the case of a major accident hazard pipeline
the construction of which has commenced, or has been completed, the operator shall
ensure that no event of a kind described in Schedule 5 takes place until the expiration
of 3 months, or such shorter time as the Executive may in that case approve, from the
receipt by the Executive ofparticulars specified in that Schedule in relation to such
event.
101 This regulation concerns any significant changes to the pipeline which
affect the level of risk. Notification to HSE is required of certain changes such
as changes in the operating regime, major modifications to the pipeline,
changes in fluid and cessation of use of the pipeline.
20
104 Notification of change of the pipeline operator, or his address, should be
made within 14 days of the change being known.
(a) all hazards relating to the pipeline with the potential to cause a major
accident have been identified;
(d) he has established adequate arrangements for audit and for the making of
reports thereof.
(2) Paragraph (1) shall only require the particulars in the document referred
to in paragraph (1) to demonstrate the matters referred to in that paragraph to the
extent that it is reasonable to expect the operator to address them at the time the
document is prepared or revised.
(3) Where the document referred to in paragraph (1) describes any health and
safety arrangements orprocedures to befollowed, the operator shall ensure that those
arrangements orprocedures arefollowed unless in particular circumstances of the case
it is not in the best interests of the health and safety ofpersons to follow them, and
there has been insufficient time to revise or replace the document to take account of
those circumstances.
106 This regulation deals with the operator’s overall aims and principles of
action for the control of the aspects of design, construction and installation,
operation, maintenance and final decommissioning which have a bearing on
the health and safety arrangements with respect to the control of major
accident hazards.
21
require a reassessment of the pipeline design. The MAPD should be prepared
at this reassessment stage.
108 The MAPD is a management tool to ensure that the operator has
assessed the risk from major accidents and has introduced an appropriate safety
management system to control those risks. The aim is that the document will
explain how the operator has established satisfactory management systems to
control the major accident hazards of the pipeline or pipeline system.
document may be prepared which need only be a short statement setting out
the health and safety arrangements with respect to the control of the major
accident hazards. This covering document should, however, refer to more
detailed documents which make up the MAPD. These will include the safety
management system detailing arrangements such as training procedures,
management responsibilities and auditing arrangements which set down how
that operator’s policy to control major accident hazards will be put into action.
It is important to recognise that safety management is an integral part of the
normal business management of an organisation.
110 The MAPD should contain sufficient information to demonstrate that all
hazards relating to the pipeline with the potential to cause a major accident
have been identified and the risks arising from those hazards have been
evaluated.
111 This requires the operator to identify the ways in which a major accident
may occur and to evaluate the risks arising from those hazards. Account will
need to be taken of hazards during the various stages of the life cycle of the
pipeline including commissioning, excursions from normal operating limits,
maintenance and any other activity which may affect the pipeline. This also
requires consideration of matters such as the nature of the dangerous fluid
being conveyed, the conditions under which it is conveyed and the
susceptibility of the pipeline system to damage.
112 Where appropriate, an operator can produce a single MAPD for all his
pipeline systems, rather than produce a separate MAPD for each individual
pipeline. The MAPD must reflect the hazards and risks associated with all the
major accident hazard pipelines covered by it and the supporting safety
management system should be applicable to all those pipelines.
114 It will be necessary for the MAPD, and the associated management
arrangements, to be updated at various stages throughout the life cycle of the
pipeline. It is recognised that, for example, at the concept design stage, it may
not be practicable to describe future management procedures for controlling
risks to people during the operation of the pipeline.
22
115 A clear line of responsibility and accountability for the control of health
and safety needs to be established from the highest management down. As a
pipeline moves through the various stages of its life cycle, the line of command
and accountability might change; the basis for change and arrangements for
bringing it about should be set out in the safety management system.
116 The safety management system should cover the organisation and
arrangements for preventing, controlling and mitigating the consequences of
major accidents. These include specific attention to management competencies
and procedures necessary to minimise the possibility of these events and if they
occur, to limit their potential for causing harm. The safety management system
is likely to set out the management control and monitoring procedures to be
Licensed copy from CIS: bveurope, Black & Veatch Ltd, 31/10/2012, Uncontrolled Copy.
117 The importance of the arrangements for achieving the initial and
continuing safety of the pipeline requires that the safety management system
pay particular attention to these arrangements. These include the arrangements
for ensuring the soundness and fitness for purpose at the various stages in the
life cycle of the pipeline.
118 It will be necessary that suitable and sufficient records of a pipeline are
kept, including the design, construction, operation, and maintenance, so as to
be able to demonstrate that the pipeline is safe.
119 Specific arrangements for dealing with emergencies form part of the safety
management system. The emergencies to be addressed will result from the
hazard identification and risk assessment process. Having identified all types of
emergency events, plans and procedures should be prepared for dealing with
these. The preparation of emergency procedures is covered in regulation 24.
Audit
23
systems for audit of the quality of the design, construction, operation, main-
tenance and finally decommissioning of the pipeline. As for other aspects of the
safety management system, performance standards for the audit and review
process should be set and monitored. The people carrying out the audits
should be sufficiently independent to ensure that such an audit is objective.
maximise the benefits from the auditing process, audits should be carried out
by competent people outside the line management chain of the areas or
activities being audited.
Offshore Regulations
125 For the same reasons, offshore pipelines fall partly within the scope of the
offshore safety case regime. Under Schedules 1 and 2 of the Offshore
Installations (Safety Case) Regulations 1992 (SCR), the safety case must
demonstrate that full account has been taken of risks to the installation, and to
the people on it, arising from the pipeline. This entails, for any pipeline
connected to an installation, giving a description of the design and hydrocarbon
inventory of the pipeline demonstrating that an integrated approach will be
taken to the management of the installation and the pipeline so risks from a
major accident are at the lowest level that is reasonably practicable. The SCR
provisions regarding pipelines at the interface are not enough in themselves to
ensure the safe operation and integrity of offshore pipeline systems as a whole.
However, work done in the safety case to identify the safety critical elements of
a pipeline can be used in the pipeline MAPD.
Onshore Regulations
24
127 There are some areas of unavoidable overlap between these two sets of
regulations, in particular the duties dealing with safety management systems
(the MAPD in PSR and the safety case in GS(M)R). Although PSR covers
safety management systems, such systems are concerned solely with pipeline
integrity and the consequences of its loss. In contrast GS(M)R is concerned
with the safe management of the supply of gas to users and the management of
the flow of gas. To minimise duplication, those parts of any documents which
are prepared under the requirements in PSR can be referenced in the GS(M)R
safety case.
Emergency procedures
Licensed copy from CIS: bveurope, Black & Veatch Ltd, 31/10/2012, Uncontrolled Copy.
(1) The operator shall ensure that no fluid is conveyed in a major accident
hazard pipeline unless -
(a) such appropriate organisation and arrangements as shall have effect; and
in the event of an emergency relating to the pipeline have been established and
recorded.
(2) The operator shall revise or replace the record of the organisation,
arrangements and procedures referred to in paragraph (1) as often as may be
appropriate.
(3) The operator shall ensure that the organisation, arrangements and
procedures referred to in paragraph (1) are tested, by practice or otherwise, as often as
may be appropriate.
129 The emergency procedures for an offshore pipeline should cover the
pipeline, as an entity, as well as the interface with offshore and onshore
installations. The plan should cover the procedures needed to respond to all
foreseeable major accidents involving a pipeline, ie it should set out who does
what, when and how and to what effect, in the event of an emergency. It
should describe arrangements at the interfaces with onshore and offshore
installations to ensure that they dovetail.
130 For onshore pipelines, it is important that the pipeline operator and local
authorities liaise to ensure that the emergency procedures and the local
authorities’ emergency plans are dovetailed in order to provide a
comprehensive and effective response to emergencies.
132 Although this regulation does not specify the frequency at which tests
should be carried out, it is important that the procedures are exercised and
tested with sufficient frequency and depth so that they can be relied upon to
work effectively in an emergency. The procedures should be monitored and
25
reviewed in the light of exercises and tests and of any practical experiences
gained from operating the plan in a real emergency, and remedial action
identified and taken.
Offshore Regulations
(2) In preparing the plan pursuant to paragraph (1) a local authority shall
consult the operator of the pipeline, the Executive and any other persons as appear to
the authority to be appropriate.
(3) A local authority which has prepared a plan pursuant to paragraph (1)
shall, as often as is appropriate and, in any case, at least every three years review the
plan and make such revision as is appropriate.
(4) The operator of a major accident hazard pipeline shall ensure that eve y
local authority through whose area the pipeline will pass is furnished promptly with
such information as it may reasonably require in preparing the plan referred to in
paragraph (1).
(6) Where a pipeline passes or is to pass through the areas of two or more local
authorities the duties under this regulation may be discharged by them where they
prepare a single plan.
135 Though local authorities will already have general emergency plans, it will
be necessary to have either pipeline specific plans or to include specific
reference to each major accident pipeline and how their emergency
26
arrangements are integrated into the existing emergency provisions in the area
covered by the authority.
137 Full liaison and effective two-way flow of information is required between
the pipeline operator and the local authority. Information from the pipeline
operator is needed to enable the authority to draw up the emergency plan, and
information from the authority should be available to the pipeline operator to
assist in the preparation of the pipeline emergency procedures so as to achieve
dovetailing between the pipeline emergency procedures and the local
authority’s emergency plan.
138 The pipeline operator should provide information about the type and
consequences of possible major accidents and the likely effects. Information
should also be provided on the route of the pipeline, the fluid conveyed and the
operating conditions, location of shut-off valves and emergency control
arrangements.
(f) information about the pipeline including route of the pipeline, location of
shut-off valves and emergency control arrangements;
(f) contacts and arrangements for obtaining further advice and assistance, eg
meteorological information, transport, first aid and hospital services,
water and agricultural information;
(i) arrangements for dealing with the press and other media interests.
141 Since an incident involving a pipeline could occur at any point along its
length, it is often inappropriate to provide location specific advice along the
27
whole length of the pipeline. The plan is likely to focus on those parts of the
pipeline which are vulnerable to damage such as road, rail and river crossings
and other areas of higher risk. Pipeline plans for this reason are likely to be
generic and flexible in nature.
142 In discharging their duties, local authorities must take reasonable steps to
ensure that they are preparing plans which will prove adequate in the event of
major accidents. This will involve checking and testing the various components
of each plan during its development.
143 The local authority shall review, and where necessary, revise and update
the plan at suitable intervals so that it can be relied upon to work effectively in
Licensed copy from CIS: bveurope, Black & Veatch Ltd, 31/10/2012, Uncontrolled Copy.
an emergency. The maximum interval for review should be every three years.
144 For existing pipelines, local authorities are allowed 18 months from
notification of the pipeline to prepare the major accident hazard emergency
plans (see regulation 27(6)).
145 For all new pipelines, the plan is required before the pipeline is brought
into use, or within 9 months of notification of the pipeline to the local authority
by HSE, whichever is the later.
(2) A fee shall not exceed the sum of the costs reasonably incurred by the local
authority in preparing, reviewing or revising the plan and, where the plan covers
pipelines of which there are more than one operator, thefee charged to each operator
shall not exceed the proportion of such sum attributable to the part or parts of the plan
relating to hispipelines.
(3) In determining the fee no account shall be taken of costs other than the
costs of dischargingfunctions in relation to those parts of the plan which relate to the
protection of health or safety ofpersons and which were costs incurred after the coming
into force of these Regulations.
(4) The local authority may determine the cost of employing a graded officer
for any period on work appropriate to his grade by reference to the average cost to it of
employing officers of his grade for that period.
(5) When requiring payment the local authority shall send or give to the
operator of the pipeline a detailed statement of the work done and costs incurred
including the date of any visit to any place and the period to which the statement
relates; and thefee, which shall be recoverable only as a civil debt, shall become
payable one month after the statement has been sent or given.
146 This regulation enables the local authorities who are responsible for
preparing and keeping up-to-date emergency plans required under regulation
25 to recover the cost of undertaking this work from the pipeline operator.
147 The local authority may only recover costs that have been reasonably
incurred. There may be locations where several pipelines are co-located, so the
local authority may decide to prepare one emergency plan covering all the
pipelines. In such an event each pipeline operator should be charged for only
that part of the costs which can be attributed to the pipeline under his control.
28
148 The charge made may only be for the cost of preparing the plan itself and
of any changes necessary to keep it up to date. It does not cover the cost of
emergency equipment (eg fire appliances) considered necessary for the
operation of the plan. Furthermore, the charge should relate only to those parts
of the emergency plan concerned with the health and safety of people, not with
environmental damage.
149 The charge made may be based on the time spent by officers of
appropriate grades. The average costs of their employment overheads as well as
salary may be taken into account.
Licensed copy from CIS: bveurope, Black & Veatch Ltd, 31/10/2012, Uncontrolled Copy.
Transitional provision
(1) In the case of a pipeline, the construction of which is commenced within 6
months after the coming into force of these Regulations, it shall be sufficient
compliance with regulation 20 if the particulars specified in Schedule 4 are notified to
the Executive within 3 months after the coming into force of these Regulations.
(2) Subject to paragraph (3), in the case of a major accident hazard pipeline,
the construction of which was commenced (and whether or not completed) before the
coming into force of these Regulations the particulars specified in Schedule 4 (or, in
the case ofparagraphs 3, 4, 5, 6 and 8 particulars, where appropriate, of the actual
route of the pipeline or of the riser, materials used, fluid conveyed, and the temperature
and pressure, and maximum rate of flow of that fluid) shall be notified to the
Executive within 6 months after such coming into force.
(3) Paragraph (2) shall have effect where, pursuant to regulation 3(1) of the
Notification of Installations Handling Hazardous Substances Regulations 1982(a),
the particulars relating to that pipeline specified in Part II of Schedule 2 to those
Regulations have been supplied before such coming intoforce.
(a) SI 1982/1357.
152 For existing major accident hazard pipelines, or ones under construction,
the information required by regulation 18 of Schedule 4 should be notified to
HSE within 6 months of the Regulations coming into force, unless the pipeline
has been notified to HSE through the notification requirement in the
Notification of Installations Handling Hazardous Substances Regulations 1982.
(4) In the case of a pipeline, the design of which was completed before the
coming into force of these Regulations, or within 12 months after such coming into
force, regulation 23 shall have effect as if, for the words “before the design ofa major
accident hazard pipeline is completed” in paragraph (1) of that regulation there were
substituted the words “within 12 months after the coming into force of these
Regulations”.
29
153 Where a major accident prevention document (regulation 23) is required
for existing major accident hazard pipelines and for proposed new pipelines,
where the concept design will be completed within 12 months of the
Regulations coming into force, the MAPD should be in place by 11 April 1997.
(5) In the case of a pipeline which was first used before the coming into force
of these Regulations it shall be sufficient compliance with the requirement in regulation
24(1) where the matters referred to therein are recorded within 6 months after the
coming into force of these Regulations.
154 For existing major accident hazard pipelines, the emergency procedures
should be in place within 6 months of the Regulations coming into force.
Licensed copy from CIS: bveurope, Black & Veatch Ltd, 31/10/2012, Uncontrolled Copy.
155 For existing pipelines a local authority, once notified of a major accident
hazard pipeline, is allowed 18 months to prepare its emergency plan.
Part IV Miscellaneous
Defence
(1) In any proceedings for an offence for a contravention of any of the
provisions of these Regulations it shall, subject to paragraphs (2) and (3), be a
defence for the person charged to prove -
(a) that the commission of the offence was due to the act or default of another
person not being one ofhis employees (hereinafter called “the other
person”); and
(b) that he took all reasonable precautions and exercised all due diligence to
avoid the commission of the offence.
(2) The person charged shall not, without leave of the court, be entitled to rely
on the defence in paragraph (1) unless, within a period ending seven clear days -
(a) before the hearing to determine mode oftrial, where the proceedings are in
England or Wales; or
he has served on the prosecutor a notice in writing giving such information identifying
or assisting in the identification of the other person as was then in his possession.
(3) For the purpose of enabling the other person to be charged with and
convicted of the offence by virtue of section 36 of the 1974 Act, a person who
establishes a defence under this regulation shall nevertheless be treatedfor the purposes
of that section as having committed the offence.
156 It shall be the operator’s responsibility to ensure that any other person
contracted to perform work does what is required in helping to meet the legal
obligation set by these Regulations. The operator will therefore need to put in
place suitable arrangements to ensure proper performance of functions
required under these Regulations. Regulation 28(1) offers a defence in legal
30
proceedings, if it can be shown that a contravention of the Regulations is due
to an act or default of another person and the operator exercised all due
diligence. It should be noted that where the commission of an offence is due to
the act or default of another person, HSE has powers, through section 36 of the
Health and Safety at Work etc Act 1974 (HSW Act), to prosecute the other
person.
Certificates o f exemption
(1) Subject to paragraph (2) and to any of the provisions imposed by the
Licensed copy from CIS: bveurope, Black & Veatch Ltd, 31/10/2012, Uncontrolled Copy.
(2) The Executive shall not grant any such exemption unless, having regard
to the circumstances of the case and, in particular, to -
(a) the conditions, if any, which it proposes to attach to the exemption; and
(b) any other requirements imposed by or under any enactments which apply
to the case,
it is satisfied that the health and safety of persons who are likely to be affected by the
exemption will not be prejudiced in consequence of it.
Sections 20 to 26, 27 to 32 and 42 of the Pipe-lines Act 1 962(a) are hereby repealed.
(a) 1962 e. 58; section 24 was repealed by SI 1974/1986; and section 26A was inserted by section 26 of the
Petroleum Act 1987 (1987 c. 12).
157 This regulation sets o u t the sections o f the Pipelines A c t 1962 (PA62)
w h i c h are repealed by these Regulations. These sections are relevant statutory
provisions o f the H S W Act. Safety notices served b y H S E u n d e r P A 6 2 d o n o t
apply after these Regulations come i n t o force.
31
159 This regulation sets out the revocations and modification of statutory
instruments associated with these Regulations and also listed in Schedule 6.
32
Pipelines to which these Regulations do not apply
Regulation 4(2)
2 A pipeline for the conveyance of water, other than for the purpose of injecting
water into an underwater well or reservoir containing mineral resources.
6 In this Schedule “caravan” and “caravan site” have the same meaning as they
have in Part I of the Caravan Sites and Control of Development Act 1960(b).
161 This Schedule sets out pipelines to which the Regulations do not apply.
Pipelines wholly within premises are excluded from the scope of these
Regulations.
163 Pipelines used as part of the railway infrastructure are also excluded from
the scope of these Regulations. However, this exclusion only applies to
pipelines used as part of the railway infrastructure; other pipelines on railway
land, not forming part of the railway infrastructure, come within the scope of
these Regulations.
164 Pipelines which convey water are excluded from the scope of these
Regulations except offshore where they convey water for high pressure water
injection purposes.
1 A fluid which -
33
3 A liquid which has a vapour pressure greater than 1.5 bar absolute when in
equilibrium with its vapour at either the actual temperature of the liquid or at 20°C.
(a) at 20°C has a saturated vapour pressure greater than 0.4 bar; and
Licensed copy from CIS: bveurope, Black & Veatch Ltd, 31/10/2012, Uncontrolled Copy.
6 Acrylonitrile.
(a) at 20°C has a saturated vapour pressure greater than 0.001 bar; or
(a) SI 1994/3247.
165 This Schedule sets out the dangerous fluids which determine the
application of the more stringent additional duty requirements of regulations
19 to 27. These duties apply to pipelines conveying fluids in such conditions
which are considered to have the potential to cause a major accident (as
referred to in regulation 18).
166 In general the Schedule applies generic categories for the application of
the Regulations. This Schedule lists the categories of fluids and, where
appropriate, the conditions and pressures under which they are transported. It
is not considered appropriate to include the concept of qualifying quantities for
a pipeline.
34
169 Mixtures of gas and liquid which have a vapour pressure in excess of 0.5
bar above atmospheric pressure when in equilibrium with its vapour are
included. The intention is that this will cover pipelines conveying spiked crude
which could have a considerable vapour pressure associated with it as well as
pipelines which could be conveying fluids with a presence of sour gases. To
determine whether the fluid attracts the additional duties, it is necessary to
establish whether the gaseous element will separate out from the liquid with
time to produce a pressure in excess of 1.5 bar absolute. The definition thus
excludes stabilised crude oils in which the vapour pressure of the dissolved gas
is suppressed by the lower vapour pressure of other constituents.
172 Toxic and very toxic gases when conveyed either as a liquid or a gas will
attract the additional duties. This covers pipelines conveying ammonia,
bromine, chlorine etc.
173 Toxic liquids pipelines are only considered to possess a major accident
potential when the substance is sufficiently volatile. For this reason, only toxic
liquids conveyed in a pipeline as a liquid with a saturated vapour pressure in
excess of 0.4 bar absolute will attract the additional duties.
174 Very toxic liquids are similarly only considered to possess a major
accident potential when either the liquid is sufficiently volatile or when the
liquid is conveyed in the pipeline above a certain pressure. For instance, a fluid
such as phenol is not sufficiently volatile to attract the additional duties unless
conveyed at a pressure in excess of 4.5 bar absolute. Above this pressure it is
likely that the liquid will be pumped rather than conveyed under a padding
pressure.
176 Other fluids which are considered to have the potential to cause a major
accident hazard are substances which are assigned the risk phrase 14 ‘reacts
violently with water’. This generic category covers substances such as oleum
and acid chlorides such as chlorosulphonic acids.
35
Requirements for emergency shut-down valves on
certain major accident hazard pipelines connected
to offshore installations
Regulation 19
(b) so far as is consistent with sub-paragraph (a), as far down the riser as is
reasonably practicable;
and such valve shall comply with the remaining paragraphs of this Schedule.
or, while relevant work of examination or maintenance is being carried out, by one of
those means.
4 If the pipeline is designed to allow for the passage of equipment for inspecting,
maintaining or testing the pipeline, the emergency shut-down valve shall also be
designed to allow for such passage.
7 After an emergency shut-down valve has operated so as to block the flow of fluid
within the pipeline it shall not be re-opened so as to permit the flow of fluid until steps
have been taken to ensure that it is safe to do so.
177 This Schedule sets out the requirements for emergency shut-down valves
(ESDVs) on risers which are part of major accident hazard pipelines of 40 mm
or more internal diameter at offshore installations under regulation 19.
36
179 The ESDV should be located so that the distance along the riser between
the valve and the base of the riser is as low as reasonably practicable, in order
that the most vulnerable section of the riser can be isolated from the majority of
the pipeline inventory. However, it is equally important that the ESDV can be
safely maintained and tested so that it can function properly. It follows that it is
important to locate the ESDV above the highest wave crest which can
reasonably be anticipated so that the valve can be tested and maintained.
180 Where flexible risers are used, the ESDV should be located on the in-
board side of the quick connect/disconnect couplings (QCDC), if fitted, and
above the highest wave crest which can reasonably be anticipated.
Licensed copy from CIS: bveurope, Black & Veatch Ltd, 31/10/2012, Uncontrolled Copy.
181 The ESDV location, design, testing, maintenance and operation should
ensure that the ESDV will at all times operate on demand or fail-safe in the
closed position, so minimising the possibility of an uncontrolled release of the
pipeline inventory. Once closed the ESDV should not be reopened until the
safety of the installation and connected installations is assured.
182 The ESDV should be capable of stopping the flow of the fluid within the
pipeline. However, this disregards minor leakage past the ESDV which cannot
represent a threat to safety. The operator should make an assessment of the
maximum internal rate that can be tolerated. The rate of leakage should be
based on the installation’s ability to control safely the hazards produced by
such a leak.
185 If the pipeline of which the riser forms part has been designed to allow the
passage of equipment, such as pigs for inspection etc, the ESDV should be
designed to allow the passage of that equipment. For example, in the case of a
piggable pipeline system, the ESDV should also be piggable and therefore a
ball or gate valve is likely to be used.
186 The valve and its actuating mechanism are required to be protected, so
far as is reasonably practicable, against fire, explosion and impact. The aim is
that, under all foreseeable conditions, the ESDV should be capable of closing
fail-safe. The extent of the protection system should at least cover the ESDV,
its actuator and any components required for fail-safe closure of the valve.
187 In order to define the type and extent of fire protection required the
operator will need to consider the type, severity and duration of anticipated
fires as well as the minimum duration for which the integrity and operability of
equipment to be protected must be maintained.
188 It is not usually reasonably practicable to afford protection against all the
effects of an explosion in the immediate vicinity of an ESDV. In general
explosion protection is best achieved by locating the ESDV well outside
congested equipment modules.
37
owner or operator of an installation to carry out an assessment of the major
accident hazards involving fire or explosion, and to identify appropriate
arrangements to deal with them. The information about major accident
hazards and the measures taken to reduce risks in this regulation can be used to
demonstrate that the ESDV is capable of adequately blocking the flow of fluid
within the pipeline riser in the Pipelines Safety Regulations 1996.
3 The proposed route of the riser on any offshore installation, in the form of
drawings.
6 The fluid to be conveyed and such of its properties as are relevant to health and
safety.
8 The intended temperature, pressure, and maximum rate of flow of the fluid to be
conveyed.
190 This Schedule sets out the information to be included under regulation
20. This notification may form the first contact between the pipeline operator
and HSE; earlier contact may be helpful. This ‘end of concept design’
notification should be made at a point where the design is sufficiently well
enough advanced to be able to set out, in general terms, the particulars
required in this Schedule but not so late that the company has already
committed major expenditure.
192 The information to be supplied need only represent the particulars as far
as they have been developed by this stage. It is likely that there may be minor
changes to the information, but where the changes are significant to the level of
risk of the pipeline, these further details should be supplied to HSE.
38
Particulars to be notified before certain events
relating to major accident hazard pipelines
Regulation 22(2) and (3)
(a) such of its properties as are relevant to the health or safety ofpersons; and
195 There is a clear distinction between pipeline works which involve risks to
those actually carrying out the work and changes to the pipeline which could
affect the level of pipeline risk. These notifications are not intended to include
notification of pipeline works.
196 The level of pipeline risk can be affected or altered due to a number
changes, some of which are similar to those principal items used at the
notification of construction activities:
route or position;
service conditions;
39
the route or position of pipeline risers on offshore installations including
diversions to separate riser platforms.
198 If the range of properties of the conveyed fluid is expected to change from
those specified or anticipated at the original design stage, then those changes
are notifiable. Pipelines may be initially designed to transport one type of
substance or fluid, but there may come a time when there is a requirement to
use the pipeline for other purposes, eg to change from oil production to water
injection (to increase field life), from oil to gas, etc. The composition of a fluid
may change significantly during the life of a field development, eg from sweet
Licensed copy from CIS: bveurope, Black & Veatch Ltd, 31/10/2012, Uncontrolled Copy.
to sour gas or oil, which may or may not have been taken into account at the
initial design stage.
200 A pipeline MAOP may need to be raised above the original design
pressure in some cases. If this is proposed, it will probably have significant
implications on the pipeline integrity and risk levels which must be fully
evaluated.
40
minor adjustments to the pipeline operating system (control systems, leak
detection, etc);
routine inspection and maintenance work and the results of any surveys
and changes to the inspection and maintenance scheme;
1 2 3
Title Reference Extent of revocation
41
(i) “or in any pipe-line to which paragraph (4) applies’: and
42
Licensed copy from CIS: bveurope, Black & Veatch Ltd, 31/10/2012, Uncontrolled Copy.